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(영문) 서울동부지방법원 2013.12.17 2013고단2747
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged in this case is the representative of the (ju)C in Songpa-gu Seoul Metropolitan Government, who employs eight full-time workers and has engaged in civil engineering and design business.

The defendant shall work at the relevant workplace from November 15, 2008 to October 31, 2012.

A retirement allowance of 18,30,000 won for retired D was not paid within 14 days from the date of occurrence of the cause for the payment without agreement between the parties to the extension of the due date, and the total amount of money and valuables of 90,773,794 won for two persons, such as D, etc., as shown in the list of crimes in the attached Table, was not paid within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension

2. As to the above facts charged, Article 109(1) and Article 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the victim's explicit intent or against the victim's intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the victims can be recognized as having submitted a written agreement to the effect that the victims agree with the defendant and thus, they cannot be prosecuted against the victim's express intent. Thus, the victims' expression of wish not to prosecute a case which cannot be prosecuted against the victim's express intent or withdrawal of the wish to punish the case, and thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of

It is so decided as per Disposition for the above reasons.

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